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Decree 167/1999/nd-Cp: About Road Management Organizations

Original Language Title: Nghị định 167/1999/NĐ-CP: Về tổ chức quản lý đường bộ

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Decree on the organisation of road management _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law on State budget of 20 March 1996;
Base Protection Ordinance traffic works on 02 December 1994;
According to the recommendation of the Minister of transport, the DECREE: chapter I GENERAL PROVISIONS article 1.
1. This Decree regulates the classification of roads, road and investment management divisions.
2. The road outlined in this Decree is the infrastructure of the transport service for the travel of people and types of road transport.
Article 2. The road system in the country is a complete network unified management by the State, regardless of the road was built with funding.
Article 3. All agencies, organizations and individuals in the country and abroad, including the Vietnam settled in foreign capital investment to build, manage, repair and exploitation of road system in Vietnam are subject to the provisions of this Decree and relevant laws.
Article 4. All organizations and individuals in the country and abroad, including the Vietnam settled in foreign operations on the territory of the Socialist Republic of Vietnam, are responsible for protecting, preserving the road system, accepted the provisions on the management and exploitation of the road system.
Chapter II MANAGEMENT of ROADS in article 5. The Ministry of transport of responsible Government in the implementation of State management functions on the roads within the country, including the following: 1. Build strategic, planning, system development plan of roads throughout the country for the economic development political, cultural, social, national defense and security of the country; steer the province, central cities build planning, development plans of local road network consistent with the master plan, the General Plan of development of the road network of the country;
2. building the Government-issued or issued under the authority of the legal text, the standard and the technical-economic norms and other regulations on the management of roads;
3. The Government approved or approved under the authority of the public works projects, road construction under the regulations on investment and construction management;
4. Inspection, checking the implementation of the provisions of the law on management and the quality of road works within the country.
Article 6. The people's Committee of the level of implementation of the management, including the following: 1. building planning, road development plans consistent with their local economic development planning, social security, the local defense and under the direction and guidance of the Ministry of transportation about strategy planning, development of the road network in the country;
2. organizations manage and protect the local road system, protect local road crossing system as defined by the law; coordinating with the authorities to build the planned development, improvement of underground works in areas where roads go through;
3. Advocacy, education and examine the implementation of the legal provisions on the roads in the scope of local management;
4. Directing the Organization of specialized functions to manage state on the road in the local scope in accordance with the provisions of the law and instructions of specialized Ministry of transportation.
Article 7. The Ministry of planning and investment, Ministry of finance, Ministry of construction and the ministries involved in the scope of the functions, duties, authority is responsible, in coordination with the Ministry of transportation in implementing State management functions on the road.
Chapter III article 8 ROAD CLASSIFICATION. The road network is divided into 6 following system: 1. the highway system (the symbol is NATIONAL HIGHWAY) is the main backbone of the national road network has important special effects serves the interests of economy, politics, culture and society, the country's defense security include : a) line connecting the capital to the central city, the administrative center of the province;
b) line from the main shaft to the gate and the main gate (including National Harbor), to the large industrial zone;
c) backbone connecting the administrative centre of many provinces (from 10 provinces and over) have important implications for the political, economic, social cultural, security defense for each region.
2. the road system (denoted) is the backbone in a province, central cities (hereinafter referred to as the Department) includes the lines from the city or the administrative centre of the province to the administrative centre of the district and the main lines connecting the administrative center of the province, with the administrative center of the surrounding provinces.
3. System of district (denoted by the UNIVERSITY) are the lines from the administrative center of the district administrative centre of the commune or district of the cluster and the roads that connect the administrative centre of the district with the administrative center of the surrounding district.
4. System of communes (as OUTPUT) is the road connection from the administrative center of the commune to the countryside, neighbors or the seams between the commune with one another in order to serve public transit within the town.

5. urban road system (written as ĐĐT) is the roads are located within it, in the scope of the administrative boundary of the city, town, commune.
6. The road system used (written as ĐCD) is the internal street or road, serves for the needs of shipping and travel of one or more organs, enterprises, private.
Article 9. Jurisdiction to decide the classification of the road system is specified as follows: 1. the highway system by the Minister of transport decided.
2. the road system by the provincial people's Committee Chairman, central cities (hereafter referred to as the provincial level) decision after the opinion consented in writing of the Minister of transport.
3. urban road system by the Chairman of the provincial people's Committee decision after the opinion consented in writing of the Minister of construction and Transportation Minister.
4. System of the district by the Chairman of the provincial people's Committee decision.
5. System of communes by the President of the people's Committee of the district level decision.
6. The road system used by organizations, individuals with specialized lines of decision after the opinion writing agreement of the Chairman of the provincial people's Committee.
The adjustment system of specialized into one of 5 system is done according to the jurisdiction specified in the paragraph 1, 2, 3, 4 and 5 of this Article.
After deciding the classification system of the province, district, Chairman of the provincial people's committees shall report to the Minister of transport; After deciding the classification system of commune people's Committee Chairman, district level must report the Chairman of the provincial people's Committee.
Chapter IV ORGANIZATION and DECENTRALIZED MANAGEMENT of ROADS in article 10. Road management agencies in the Department of transportation's central system for Administration of roads within the country; directly manage the highway system. The Bureau of roads in Vietnam are the Ministry of transport assigned to directly manage the passage of the national highways; the Minister of transport for the delivery of provincial people's committees to manage some of the routes, highways.
Article 11. The road administration in localities 1. The provincial people's Committee to manage the local road system in accordance with the law; directly governing the province's road system, road town. The Department of transportation to directly manage the passage of the national highways that the Ministry of transportation has delivered to the provincial people's Committee and the glands (or sections) of the municipality, the province's important; the provincial people's Committee decision to the District Manager of the road, the road of the town.
2. the people's committees at district level for the management of the road within the district. Professional body of people at district level Committee was tasked to directly manage the way the province and the municipalities are provincial people's Committee; the management system of the district.
3. the people's Committee of the road management social Township within the commune.
Article 12.
1. The Agency, organization or individual before specialized road construction must be permitted by the competent authority and must be registered in the Department of transportation; the management of the exploitation right under the rules and guidelines of the specialized agency.
2. Agencies, organizations, individuals in State and foreign operations on the territory of the Socialist Republic of Vietnam are allowed to invest in the construction of roads in the form of construction contract-business-transfer (BOT) governing exploitation of sugar under the rules and guidelines of the specialized agency.
Chapter V CAPITAL ROADS in article 13. Invested capital consists of: road construction, restoration, renovation and upgrading of roads;
Capital management and repair roads.
The management of road investment made under the current rules of the State.
Article 14. Sources of capital to invest in the road 1. Road investment for highway systems are deployed from the central budget and from other sources of capital.
2. road investment capital for the province's road system, the district is mainly deployed from the local budget funds and from other sources of capital.
3. road investment for the road system primarily mobilize Township from your contribution, of the local people, and part of the Township's budget for support of the budget and from other sources of capital.
Article 15. Funds for road repair and management are used in the following tasks: 1. Management and regular repairs;
2. periodic repairs;
3. unscheduled repairs.
The Ministry of transportation consistent with the Ministry of finance to specific regulations on the management of capital investment for the management and repair roads on the basis of the current rules of the State.
Article 16. The Ministry of planning and investment announced for the provincial people's Committee on State budget for the new construction, restoration, renovation and upgrading of the local road system, and sent to the Ministry of transport said.
Article 17. The Ministry of Finance reported to the provincial people's Committee of State funding sources of investment for the management and repair local roads system, and sent to the Ministry of transport said.

Article 18. Capital road works under construction contract forms-business-transfer (BOT) and build-transfer (BT) made under the current rules of the State.
Chapter VI ENFORCEMENT of TERMS article 19. The Decree has effect after 15 days from the date of signing.
The previous provisions contrary to this Decree are repealed.
Article 20. The Ministry of transportation presided and in coordination with the Ministry of finance, the Ministry of planning and investment, Ministry of construction and the ministries concerned guiding the implementation of this Decree.
Article 21. The Secretary of the Ministry, ministerial heads, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.